General sales conditions
PERFECT+ BVBA TERMS AND CONDITIONS OF SALE
By submitting a quote request and/or order, the client explicitly agrees to the following terms and conditions of sale unless stipulated otherwise in writing, and renounces the applicability of the client’s own terms and conditions.
Art. 1 : Applicability of the general terms and conditions
1.1 Unless agreed otherwise in writing, the agreement between Perfect+ bvba and the contracting partner shall be governed exclusively by the present general terms and conditions. In the event that other agreements are made between parties, the present general terms and conditions shall remain fully applicable.
1.2 The present general terms and conditions shall be accepted by the contracting partner irrespective of the contracting partner’s own general terms and conditions.
Art. 2 : Liability of the client for the organisation of events
2.1 The contracting partner submitting an order shall be considered authorised and entitled to do so. Together with the commissioning party of the contracting partner, and with the exclusion of Perfect+ bvba, the contracting partner shall assume full responsibility towards third parties.
2.2 As the client is the organiser of the event and Perfect+ is the producer hired by the client, all expenses and obligations of the organiser shall be borne by the organiser, such as publicity costs, taxes, copyrights, SABAM rights, permits, insurances and withholding tax for foreign artists.
2.3 The organiser confirms that all legal requirements concerning possible social security obligations with regard to artists shall be observed.
Art. 3 : Price quotations
3.1 Price quotations submitted by Perfect+ shall remain valid for 30 days unless varying terms have been agreed upon by parties in writing.
3.2 After the term of 30 days has expired, Perfect+ shall have the right to modify the quotation submitted. The quotation shall be considered fully accepted upon receipt of a confirmation from the contracting partner via e-mail or standard mail.
3.3 Prices listed in the quotation are an approximate estimate only and are subject to the fluctuations in the wages and costs they incorporate. Price quotations do not include transport and packaging costs as these are at the expense of the client. All goods shall be transported at the client’s risk.
Art.4 : Cancellation of the event by Perfect+ BVBA
4.1. Perfect+ Event Productions reserves the right to cancel an event unilaterally when the event is deemed hazardous to its employees, its materials and/or third parties, or when the weather conditions may disrupt the proper running of the event, or when the event is prohibited or prevented for any reason whatsoever by corporate or judicial authorities.
4.2. Under the above circumstances, Perfect+ Event Productions shall not be held liable for damages and the contracting partner shall need to pay any costs already incurred with regard to the development, concept, research and other substantiated expenses in relation to the event.
4.3. The same applies in the event that the organiser cancels the order after the order had already been confirmed (see art. 9).
Art.5: Term of delivery
5.1. All terms of delivery indicated are an estimate only and Perfect+ Event Productions shall not be held liable for any interest or damages or for the cancellation of the agreement if the term of delivery is exceeded.
5.2 Any complaints must be submitted by registered letter within five days following delivery of the goods to which they relate. If not, the delivery shall be deemed accepted.
Art. 6 : Liability
6.1. Perfect+ shall not be liable for any damage to or the destruction of objects owned by the contracting partner and participants, unless such damage or destruction is due to gross negligence on behalf of Perfect+.
6.2. Perfect+ Event Productions shall not be held liable for any damage incurred by third parties due to an event produced by Perfect+ Event Productions. The contracting partner agrees to take out insurance to be fully covered against third-party liability for the duration of the event.
6.3 Perfect+ renounces any liability regarding work that had to be completed at the request of the client within a shorter timeframe than agreed upon or than what is considered standard.
Art. 7 : Payment
7.1. In the event of non-payment within the term for payment agreed upon, Perfect+ bvba shall cancel the delivery after serving a written notice of default. In this event, Perfect+ bvba shall not be held liable for damages.
7.2. All invoices from Perfect+ are payable in cash in Bruges. Invoices that are not paid in full within 30 days from the date of the invoice shall incur an interest charge of 12% per annum as of right and without requiring notice of default. Furthermore, the due amount on the invoice shall be increased as of right and without requiring notice of default by a flat-rate charge of 12% of the unpaid amount with a minimum of EUR100.
7.3. Any debt collection costs incurred by Perfect + bvba shall be charged at a flat rate of 12% of the unpaid amount with a minimum of EUR100 and shall become payable by the contracting partner.
7.4. Invoices or compliance with delivery terms must be protested by sending an adequately motivated registered letter to the registered office of Perfect+ Event Productions within eight days from the date on the invoice.
7.5. Unless agreed otherwise in writing, the following payment terms shall apply:
* a deposit of sixty percent (60%) of the total cost shall be paid by the contracting partner upon accepting the quotation. This shall be 60% for clients outside of Belgium.
* the remaining balance shall be paid in cash upon completion of the event.
Art. 8 : Modified or additional orders
Orders that are changed, modified or added onto may result in an increase of the price agreed upon and shall be invoiced accordingly.
Art. 9 : Cancellation by the contracting partner:
9.1 In the event that the agreement is cancelled unilaterally (in full or in part) by the contracting partner, the latter shall remain liable for the payment of any costs already incurred with regard to the concept, research, etc. and of damages for the loss of profit incurred by Perfect+ Event Productions.
9.2 The amount of these damages shall be a standard amount of fifty percent (50%) of the price agreed upon or of the balance to be invoiced (and in the event of cancellation during the performance of the agreement this shall include any services already completed or being completed within the framework of the agreement).
9.3 The full amount (100%) shall remain payable if the agreement is cancelled by the contracting partner less than one week before the date of the event. However, if the contracting partner books the same event on a different date within one year from the original date, payment of the previous invoice may be used as a deposit (after taking into consideration any changes or price increases) less a standard charge of 25% of the previous invoice amount to cover administrative and other expenses incurred in view of the original event and possibly increased by any cancellation charges paid to third parties (such as hotels, etc.).
9.4 Perfect+ Event Productions reserves the right to legally demand the forced performance of the agreement and/or to demonstrate that the loss of profit represents a larger amount.
9.5 In the event that the agreement is cancelled by Perfect+ Event Productions, the latter may be liable to pay damages to the contracting partner in accordance with common law.
Art. 10 : Severability
The invalidity or unenforceability of any provision or clause of the present terms and conditions shall not affect the validity or enforceability of any other provision or clause of the terms and conditions.
Art. 11 : Compensation
Perfect+ Event Productions reserves the right to offset any claims of the contracting partner against any claims from the contracting partner towards Perfect+.
Art. 12 : Publicity
12.1 Perfect+ Event Productions reserves the right to use references of any completed events for publicity, communication and marketing reasons, whether written or visual material, unless explicitly prohibited by the contracting partner in writing.
12.2 All ideas, plans, concepts, creations or any other fruit of the mind formulated, designed or developed by Perfect+ whether or not in the framework of an order shall be and shall remain the exclusive property of Perfect+ unless explicitly stated otherwise in writing and shall only be disclosed, used or reproduced within the boundaries of what is accepted by us in writing.
12.3 Any reference, counterfeit, reprint or any other use thereof is strictly prohibited without written consent from Perfect+, and this under penalty of indemnification in the amount of five times the standard cost thereof.
12.4 Perfect+ reserves the right to add an identification to its creations. The identification shall not be removed unless mutually agreed upon in writing.
12.5 Only the client shall be responsible for the distribution of advertising materials, creations, names, texts, etc. developed by Perfect+, and only the client shall be held liable in the event of legal prosecution due to unfair competition, copyright violation, etc.
Art. 13 : Governing jurisdiction
13.1. Any disputes arising out of or in relation to the agreement between Perfect+ Event Productions and the contracting partner shall fall under the exclusive jurisdiction of the courts of Bruges, unless agreed otherwise in writing.
13.2. The same applies to accepted bills of exchange.
13.3. This article also applies to any agreements entered into with nationals of the European Union in conformity with the E.E.X. Convention of 24.09.1968 and the Lugano Convention of 16.09.1988.
Art. 14 : Governing law
The creation, existence and consequences of the agreement between parties shall be subject to, governed by and interpreted in accordance with the laws of Belgium and with the present terms and conditions. Any disputes arising out of or in relation to the present terms and conditions shall fall under the exclusive jurisdiction of the courts of Bruges.
Art. 15 : Damage to or loss of equipment or materials of Perfect+ by the client
In the event of damage to or loss of equipment and material made available by Perfect+ during events (including tablets, smartphones, GPS, laptops, projectors, etc.), each item that is lost or damaged shall be charged at the current purchase price in the final invoice to the client.
Art. 16 :
Both parties hereby agree to the provisions stipulated in the present agreement and annexes.